Terms and Conditions
The Adventure Project reserves the right to change or update their Terms and Conditions without prior notice. These Terms and Conditions were revised on 13th April, 2023.
1. Booking
(a) The Adventure Project (TAP henceforth) will provide you with written confirmation by email of your application upon the receipt of the following signed and completed documents:
- Release and Indemnity form;
- COVID/Infectious Disease Warning and Waiver (if required).
(b) By sending in the deposit, you agree to ALL of the following stipulations outlined in the Terms and Conditions below.
(c) Your acceptance as a guest is subject to your skiing/boarding capabilities, medical condition and fitness being to the standard deemed necessary by The Adventure Project.
2. Suitability
By sending in your deposit, the Client (the Guest) agrees to the following:
-
They are at least the minimum standard listed for each trip (intermediate, advanced or expert).
-
That they are in sound physical fitness and capable of operating (skiing, riding or hiking) at potential high altitudes (depending on the destination). You will sign a disclaimer saying that you have the physical fitness to undertake these activities and do not suffer from altitude sickness.
-
If your medical or physical fitness changes before or during the trip, then you must notify us immediately in writing.
-
That they can get up by themselves after a fall. The Adventure Project is not responsible for helping guests get up after a fall.
-
You should have powder-centric skis or snowboards that will give you extra flotation in deep snow, if skiing or riding off-piste.
-
You must be familiar with the use and operation of all of your gear, prior to the commencement of your trip. Ski and snowboard boots should already be broken in and not the cause of any blisters or other discomfort.
-
You must carry your own (basic) first aid kit and spare parts for your skis or snowboards.
-
If you cannot keep up with the majority of the group, then for your own safety, you might be asked to stay out of the off-piste areas (if the majority of the group wants and is capable of, skiing or riding in that terrain/snow). That could also mean riding by yourself in the resort if you cannot keep up with the majority of the group.
-
The Adventure Project does not guarantee complete compatibility of all group members. Whilst we try our best to put the right level of people together in our groups but we cannot guarantee the compatibility of all group members. The Adventure Project is not responsible for any mismatches in group ability therefore.
-
If a Client is not compatible with a group, then they can hire a separate local guide or instructor, but they will be responsible for those additional costs. No refund or reimbursement of any costs already paid, will be offered.
-
There is only 1 guide per group in Chile and Japan. If a guide gets sick or injured (circumstances beyond our control) and cannot continue the trip, then no refund will be offered for any time spent without a guide or if the trip has to be cancelled or altered in any form. You must have travel insurance to cover yourself for any losses.
-
You will be asked to sign a liability release form that indemnifies The Adventure Project from the obvious risks of riding in avalanche terrain. People have been killed in avalanches within ski areas and in side country/backcountry areas outside of the ski area. Avalanches can and do happen both within the ski areas and outside the ski area boundaries. We cannot guarantee your safety at any time when skiing or riding within the ski area or outside the ski area. No slope can ever be deemed 100% safe and free from avalanche risk.
3. Travel Insurance
- Travel insurance is mandatory for all Clients. You must purchase your travel insurance as soon as you have paid your deposit.
- Clients must have travel insurance that covers them for TRIP CANCELLATION (sometimes called "Cancel for Any Reason" Insurance).
- Clients might need to be tested for COVID prior to departure for their destination. If you receive a positive result and cannot travel to the destination, then you would not be entitled to any refund. You must have travel insurance to cover you for any loss.
- Clients might need to be tested for COVID prior to departure to their home country. If this is the case, you should have insurance that covers you for any additional costs if you are delayed return back to your home country if you receive a positive test result.
- Clients must have comprehensive travel insurance with a high level of cover for (but not limited to): off-piste skiing (if necessary); all medical costs; emergency evacuation; search and rescue costs (the guest is responsible for any additional search and rescue costs); trip delay or cancellation; loss or delay of baggage; stolen or missing equipment.
4. COVID Travel Considerations
- It is the responsibility of the guest to ensure they are familiar with the destination countries' COVID restrictions. These restrictions change frequently so you must be up to date with current restrictions. TAP is not responsible for any loss that arises from a cancelled or delayed trip due to a change in COVID restriction of the destination country. You must have travel insurance to cover you from any loss.
- If you have cold or flu-like symptoms prior to travel, you MUST take a COVID test. If you test positive for COVID and have to delay or cancel your trip, TAP is not liable for any charges. No refund shall be provided. You must have travel insurance to cover you from any loss.
- You should bring at least 2 COVID testing kits with you on your trip, for testing if you become sick or are exposed to someone who tests positive for COVID. A positive COVID test might mean that you have to quarantine in isolation in the destination country. You are responsible for furnishing any costs associated with a mandatory state issued quarantine and no refunds will be provided to you by TAP if you have to quarantine during a trip. You must have travel insurance to cover you from any loss.
5. Media Release
(a) The Client agrees:
- That they give TAP permission to use all media obtained during the trip that might feature the Client.
- This media could include (but is not limited to): photographs of the Client; video's of the Client; written accounts featuring the Client; for use in TAP marketing.
- This media could be used on (but not limited to): the TAP website; TAP Instagram posts; TAP Facebook posts; TAP blog (both website blog and non-website blogs) and other social media posts.
(b) The Client has the right to refuse inclusion in any marketing media as listed above, but IF they request to be excluded from said media, then it must be in writing, at least 2 weeks prior to commencement of the trip.
6. Payment Terms
(a) Deposit– The deposit for all trips is $1,000 USD for all trips, unless otherwise agreed upon. The deposit is strictly non-refundable and cannot be transferred to another trip without the express written consent of The Adventure Project.
(b) Payment– Deposits and final balances can be paid by cash, personal check, bank check, money order, bank transfer, international wire, Venmo or Zelle. More detailed payment instructions will be sent out prior to sending in the deposit. When paying by check or money order, please make any payments to “The Adventure Project LLC.”
(c) Credit cards– currently we cannot accept payment by credit card.
(d) Due date– each trip has a final payment due date. Please consult your information sheet or the TAP website for details.
(e) Prices– all prices quoted are in $USD and is based on the number of people in the group. Price can vary if the minimum number of participants (4) has not been reached.
7. Pricing
(a) Changes to pricing: TAP reserves the right to make changes to pricing prior to departure for your trip, at any time. Prices are not guaranteed therefore until final payment of all monies owed has been made by all group members.
If more people are added to the group after the final balance payment due date, then no refund will be issued for any differences in subsequent final price.
(b) Reasons for pricing change: TAP reserves the right to change pricing at any time (but are not limited to) due to fluctuations in local currency, increased local or government costs and other unforeseen reasons. Prices can also change due to fluctuations in group participants. Any changes to the cost will be given to you in writing and you will have 2 weeks to make any additional payments.
(c) Exclusions from pricing: each trip has its own separate inclusions and exclusions. They are listed on the website and in the program information sheet for each trip. It is your responsibility to read and understand the individual exclusions that you are required to pay at your own expense.
8. Cancellation Policy
(a) Cancellation by the Client:
- You may cancel your trip at any time prior to the earliest departure of the guide(s) by providing written notice to TAP.
- If you cancel your trip at any stage the deposit is non-refundable.
- If you cancel your trip more than 120 days prior to the earliest departure of the guide(s), then you will be entitled to a full refund minus the deposit.
- Should you cancel your trip 90 days or less before departure, you will be entitled to a refund of all moneys paid (less the deposit) SUBJECT TO TAP FINDING A REPLACEMENT GUEST. In the event a replacement guest is NOT found, the ENTIRE price paid by you will be forfeited. Guests MUST have travel insurance that covers trip cancellation, to protect themselves from any loss.
- Should you cancel your trip less than 60 days before the earliest departure of the guide(s) the entire price paid by you will be forfeited. Guests MUST have travel insurance that covers trip cancellation, to protect themselves from any loss.
(b) Cancellations by The Adventure Project:
TAP reserves the right to cancel your trip either prior to the earliest departure of the guide(s) or during the trip for reasons including (but not limited to) -
(i) Prior to earliest departure of the guide(s):
- A change in your medical condition or fitness.
- Your failure to disclose details of your medical condition or fitness prior to departure.
- In the event that insufficient guests are booked on a particular trip.
- In the case of termination PRIOR to the earliest departure of the guide(s), TAP shall refund the price (MINUS the deposit) within fourteen (14) days of written notification from TAP of the cancellation. Guests MUST have travel insurance that covers trip cancellation, to protect themselves from any loss.
(ii) During the trip:
- Should you fail to comply with the directions of TAP staff or their agents;
- Should TAP determine that you should not participate any further.
- In the event of termination during the trip the entire price paid by you will be forfeited. Guests MUST have travel insurance that covers trip cancellation, to protect themselves from any loss.
9. Alterations to the Trip
Alterations to your trip
(a) TAP reserves the right to alter your trip including but not limited to dates and routes, including early termination or finalization of your trip in respect to any trip which you have been accepted as an applicant.
(b) Factors such as government travel warnings, war, hazardous weather conditions, dangerous militant or terrorist activity, natural disasters (included but not limited to: volcanic activity, earthquakes, tsunami’s, hurricanes) and/or other events occurring which cause serious risks to you or other guests may give rise to modification, postponement or delay of your trip.
(c) In the case that the dates of a trip are postponed or delayed by TAP and you are not able to participate as a result of this change, you will be entitled to a refund of the price (less the deposit) within fourteen (14) days of you advising TAP in writing.
(d) Should your trip be terminated or finalized early, you acknowledge that you will not be entitled to any compensation or refund of the price from TAP.
10. Travel Logistics
- The trip starts and ends at a designated meeting point. Each trip will have a different meeting point. Clients will be advised on when and where they need to be, at the start and end of the trip.
- Clients must coordinate with TAP about their travel arrangements, to ensure that they arrive at the meeting point at a compatible time, for their group pickup (if included). Guests should not pay and confirm with their airline/travel agent, until TAP has confirmed the travel arrangements of the Client.
- All travel arrangements to/from the meeting point, are the responsibility of the Client. TAP cannot be held responsible for any delays or cancellations in flights or other forms of travel that might cause you to miss your scheduled pickup at the trip start/meeting point. Clients are responsible for any additional costs associated with travel to the accommodation if a scheduled pickup is missed. Your (mandatory) travel insurance should cover any of these additional costs.
11. Visas
- Clients will need to organize their own visas (if necessary). It is the responsibility of the guests to ensure that they have organized their own visa in the necessary timeframe or can obtain the necessary visa on arrival.
- Clients are responsible for ensuring their passport is up to date and has the required space for visa, stamps, etc. TAP cannot be held responsible for any delay, cancellation or costs associated with, problems with passports or visas.
12. Release and indemnity form
It is acknowledged that the terms of the Release and Indemnity Form that you have signed separately are to be incorporated within these General Terms and Conditions.
13. WAIVER/RELEASE FOR COMMUNICABLE DISEASES INCLUDING COVID-19
ASSUMPTION OF RISK / WAIVER OF LIABILITY / INDEMNIFICATION AGREEMENT
In consideration of being allowed to participate on behalf of The Adventure Project tours and related events and activities, the Client acknowledges, appreciates, and agrees that:
-
Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and,
-
THE CLIENT KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for their participation; and,
-
The Client willingly agrees to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases. If, however, the Client observes any unusual or significant hazard during their presence or participation, they will remove themself from participation and bring such to the attention of the nearest official immediately; and,
-
The Client, for themself and on behalf of their heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS The Adventure Project LLC, their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
-
The Client agrees to follow all local and international rules and requirements regarding COVID and any other infectious diseases. Failure to follow these rules and regulations could invoke a warning from The Adventure Project staff and subsequent termination from the program if further non-compliance persists. Any costs/losses that arise from a termination of a guest from the program or punishment from local/state authorities are not the responsibility of The Adventure Project and will be born by the Client.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SENDING IN MY DEPOSIT AND SUBSEQUENTLY AGREEING TO ALL TERMS AND CONDITIONS, INCLUDING THIS SPECIFIC ASSUMPTION OF RISK AND WAIVER OF LIABILITY FOR COVID-19 AND OTHER INFECTIOUS DISEASES.
14. General
(a) The governing law of these General Terms and Conditions shall be the state of Colorado in the United States of America.
(b) All notices you send to TAP are to be sent by email to matt@theadventureproject.net. All notices sent by TAP to you will be via the email address provided by you when submitting your application.
(c) Where a term of these General Terms and Conditions are invalid at law or otherwise, this does not invalidate these Terms and Conditions as a whole.
(d) Reference to “The Adventure Project” or “TAP” in these General Terms and Conditions includes The Adventure Project LLC, its principals, directors and agents.